Doctor Responsible for Injury to Third Party ~ OPOLAW Injury Blog

Thursday, January 29, 2009

Doctor Responsible for Injury to Third Party

A doctor who failed to properly advise his patient may be liable to pay damages to someone injured by the patient, in a new ruling by a Massachusetts Superior Court judge. The defendant doctor's motion for summary judgment was denied by Judge Peter W. Agnes, Jr. in the case of a motorcyclist who was seriously injured by a driver (the patient) whose diabetes medication caused him to lose consciousness in the car. Because the doctor did not warn his patient about the dangers of driving while on medication, Judge Agnes stated that based on principles of public policy, the doctor owed a care of duty to third parties injured as a result of his neglect.

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